Day of December, Seventeen Hundred and Forty-eight, shall be
and are hereby
made Void and of no Effect: And it shall not be lawful for any Justices
of
any Court within this Province, to render or give Judgment on such Bonds,
by virtue of such Power of Attorney; and no Clerk or Clerks of any Court
or Courts, within this Province, shall issue or make out any Execution,
upon
such Judgment. And that during the Continuance of this Act, no Judgments
shall be entered on any Judgment Bonds for Money, taken after the
Fifteenth Day of May, One Thousand Seven Hundred and Forty-seven,
until
the Court, Judge, or Justice, before whom a Judgment is or shall be offered
to be entere up, be satisfied, that the Defendant or Defendants, is or
are actually run away; nor event then, unless the Plaintiff or his Attorney
in
Fact, or one acquainted with the Transaction, makes Oath, that the
Bond
was not passed for a Tobacco Debt, contrary to the true Intent and Meaning
of this, or the aforesaid other recited Act.
LXXVIII. And
whereas, the excessive Quantity of Tobacco made, may,
in some measure, depreciate that Branch of Trade: In order therefore
to encourage
the Manufacturing of Hemp, Flax, and other proper Materials, for
the necessary Cloathing and Use of his Majesty's Subjects within this Province,
and to divert Part of the People from Labouring in Tobacco; Be
it
Enacted, by the Authority, Advice and Consent aforesaid, That
from and after
the End of this Session of Assembly, it shall and may be lawful for
any Person
or Persons, not making Tobacco, by themselves, Servants or Slaves, within
this Province, to pay, at or before the Tenth Day of April yearly,
or as
the Business, or Services, they may want in any of the Offices, shall be
done,
during the Continuance of this Act, as well the Poll Tax due to the Clergy,
as all Lawyers and Officers Fees, and Assessments for building or repairing
Churches, in Gold and Silver, as regulated by this Act; and that such Payment,
or Tender thereof, and Refusal, shall be a full Satisfaction and Discharge
for the same, though charged in Tobacco; any Law, Statute, Usage,
or Custom, or any thing contained in this Act, to the contrary thereof
in any
wise notwithstanding.
LXXIX. Provided
always, That every Person or Persons allowed by this
Act to pay Gold and Silver instead of Tobacco due as aforesaid, shall make
Oath, or Affirmation if a Quaker, That he did not in the Year preceding,
by
himself, or by his Children, Servants, or Slaves, make any tobacco for
Sale.
LXXX. And
be it Enacted, That where any Person or Persons within this
Province, shall have taxable Persons in different Counties, and doth not
by
himself, or themselves, Children, Servants, or Slaves, make Tobacco within
this Province, That it shall and may be lawful for such Person or Persons,
to
make Oath to that Purpose, before any Justice of the County where such
Person or Persons shall reside, and a Certificate or Certificates of such
Oath,
from the said Justice, shall be sufficient to any Sheriff, in a different
County,
to receive Gold or Silver in lieu of Tobacco, from such Person or Persons,
for such Taxables.
LXXXI. And
whereas, many Persons not making Tobacco, have been,
and may be, unable to pay the Poll-Tax due to the Clergy and Lawyers
and Officers Fees, in Gold or Silver as aforesaid, by the Tenth Day of
April
yearly, and as it hath been, and may prove, a great Inconvenience and
Oppression
to such Persons, to be obliged to pay and discharge the Poll-Tax due
to the Clergy, and Lawyers and Officers Fees, in a Commodity which they
frequently not procure, but by purchase from Sheriffs, and others, who
taking advantage of their Necessity, demand and exact exorbitant Prices
for
the same: For Remedy whereof, Be
it Enacted, by the Authority, Advice
and Consent aforesaid, That it shall not be lawful for any Sheriff,
or other Officer,
to take or demand of, or from, or execute, or cause to be executed, |
CHAP.
XVIII.
Judgment
Bonds taken
for Money in
lieu of Tobacco,
to be
void, &c.
Persons not
making Tobacco,
may pay off
taxes and
Fees, in Gold
and Silver, as
regulated by
this Act.
But shall
make Oath
that they
made no Tobacco
for
Sale.
Persons having
Taxables
in different
Counties may
make Oath in
the County
where they
reside.
In case those
who do not
make tobacco
cannot pay
by the Tenth
of April;
shall not be
executed in
any other
Manner than
for Gold and
Silver. |
